Section 240 in Criminal Rules of Practice and Circular Orders, 1990
240.
(1)For the purpose of these rules, witnesses are divided into two classes, viz., Officials and non-officials. Official witnesses, ie., Government Servants to whom the Andhra Pradesh Travelling Allowance Rules are applicable, summoned to give evidence as officials, are entitled to receive for their journeys to and from the Court and for the time spent by them in attendance at the Court to give evidence in cases coming under Rule 236 travelling allowance at the rates prescribed by the Andhra Pradesh Travelling Allowance Rules for the time being in force. The Court shall not however, make any payment to official witnesses in such cases, but shall grant them certificates setting forth that they appeared to give evidence of what had come to their knowledge, or of matters with which they had to deal in their official capacity, the date on which they appeared and the period for which were detained, so as to enable them to draw travelling allowance and batta under the Andhra Pradesh Travelling Allowance Rules.(2)When a Government servant appears in his official capacity as a witness in other cases (e.g., in cases in which Section 254(3) or 247 of the Code is applied), the party at whose instance he is summoned shall prepay into Court the travelling and halting allowances admissible to him under the Andhra Pradesh Travelling Allowance Rules. The amount so prepaid shall be credited to Government, but the Court shall give the witness a certificate containing the particulars specified in sub-rule (1) supra, so as to enable him to draw the travelling and halting expenses admissible under the Andhra Pradesh Travelling Allowances Rules. When a Government servant appears to give evidence in any case as a private person, travelling allowance and batta may be paid to him in the ordinary manner, but the Court shall send an advice of all such payments made to him to the Head of the Office in which he is employed. In this advice, the amount paid as batta and the period during which the attendance of the witness in Court was necessary shall be stated.(3)When a Government servant whose emoluments are governed by the Army Regulations, appears in any case under sub-rule (1) to give evidence in his official capacity, he shall be paid the travelling allowance and batta admissible under these rules and shall be furnished with a certificate showing in detail the amount paid. If the amount paid is less than the amount admissible to him under the Military Rules to which he is subject. the difference will be paid to him by the Military Authorities on production of the certificate.(4)A retired Government servant who appears before a Criminal Court to give evidence in respect of his official acts or matters within his official knowledge before retirement shall be paid travelling and subsistence allowance according to the rates to which he would have been eligible under the Andhra Pradesh Travelling Allowance Rules, had he not retired from service.(5)When any person who holds an office under the Government in a honorary capacity appears before any Court at his headquarters to give evidence in that capacity, he may be paid conveyance allowance at such rate as the Government may by order specify.
